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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section 1942

Citation
section 1942
Parent Document
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction
California (state)
Effective Date
1985-12-13

Other Sections in This Document (148)

Full Text

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20 Cal.App.3d at page 281. The new subdivision (c) concludes thus; “In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory.” This language reinforces our interpretation of subdivision (a). It would be incongruous to suggest that a tenant who claims retaliation for his complaint about tenantability (under subd. (a)) should have any lighter burden of proof than a tenant who claims retaliation for his participation in a lessees’ association (under subd. (c)). If the latter has the burden of proving retaliatory motive, so has the former. *740